By: Atty. Ruben C. Talampas, Jr.
At 1 a.m. you were in a side street of Makati City with your friends celebrating the birthday of the host singing at the top of your voice *“Laklak” of the band Teeth thru a rented mobile videoke when Police Officers came and arrested you and your friends. The next day you were all charged for violating a Makati Ordinance prohibiting the use of Videoke beyond the allowed time. Your defense was you don’t know the said Ordinance since you were from Quezon City. Will you be exonerated of the crime charged? Ma papawalang-sala ka ba sa kadahilanang hindi mo alam na may batas kang nalabag? Unfortunately, by applying the principle of “Ignorance of the law excuses no one”, NO. This principle in law may seem to be unfair and unreasonable but there’s a good justification and rationale in applying it.
If it is permitted to plead ignorance as a valid legal defense, imagine the chaos and problem it would bring to our legal system and the society as a whole. It is very easy for any person to claim that he is unaware of the law though he was actually aware of it and its consequences. Every law-breaker will just put forward ignorance as a defense and claim that he is not aware of the law he has broken to relieve him from punishment or liability. The law enforcement machinery will come to a grinding halt if this defense will be accepted. The claim of ignorance of the law being a product of mind and a negative fact, prosecution and courts could hardly prove otherwise. This might require the study of the mind or mental position of the accused which is a difficult exercise.
In the Philippines, this law principle and presumption can be found in Article 3 of the Civil Code of the Philippines which states that “Ignorance of the law excuses no one from compliance therewith.”
This presumption in Philippine Law is based on expediency, convenience, public policy and necessity. It is said that the good hardly need law: when they do good acts, this is not because they are deliberately complying with the law, it is because they are simply good men. On the other hand, without this law principle and presumption, the corrupt will make social existence unbearable, abuses will increase, and feigned ignorance will be rewarded.
*LAKLAK by TEETH
Nagsimula sa patikimtikim
Pinilit kong gustuhin
Bisyo’y nagsimulang lumalim
Kaya ngayon ang hirap tanggalin
Kabilib-bilinan ng lola
‘wag nang uminom ng serbesa
Ito’y hindi inuming pang bata
Mag-softdrinks ka na lang muna
Pero ngayon ako’y matanda na
Lola pahingi ng pantoma
Ayan na nga… tumataas na ang amats ko
Kasi laklak maghapon magdamag
Kasi laklak maghapon magdamag
Dibale nang hindi kumain
Basta may tomang nakahain
Ang sabi ng lasenggo sa amin
Pare shumat ka muna
Laklak ka nang laklak
Mukha ka nang parak
